[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Proposed Rules]
[Page 30214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15166]



-----------------------------------------------------------------------


DEPARTMENT OF COMMERCE
50 CFR Part 285

[I.D. 112995B]


Negotiated Rulemaking Advisory Committee on Tuna Management in 
the Mid-Atlantic

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of intent; update.

-----------------------------------------------------------------------

SUMMARY: In February 1996, NMFS announced that Commerce was considering 
establishing a new advisory committee under the Federal Advisory 
Committee Act (FACA) to negotiate certain issues between commercial and 
recreational fishermen competing for tuna off the Mid-Atlantic coast. 
NMFS has decided to schedule a public meeting for early fall 1996 to 
brief interested parties on the negotiated rulemaking process and 
obtain their views as to immediate steps for action that would permit 
resolution prior to next year's fishing season.

ADDRESSES: Comments should be submitted to the Highly Migratory Species 
Division, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown, 301-713-2347.

SUPPLEMENTARY INFORMATION: On February 1, 1996, NMFS announced that 
Commerce was considering establishing a new advisory committee under 
FACA to negotiate issues leading to a proposed rule resolving the gear 
conflict between recreational and commercial fishermen competing for 
tuna off the Mid-Atlantic coast (61 FR 3666, February 1, 1996). The 
decision to use a negotiated rulemaking process--in accordance with the 
Presidential Directive of March 4, 1995, the report of the National 
Performance Review, and EO 12866--came in response to the National 
Fishing Association's petition to employ such a procedure in connection 
with the tuna dispute. The goal is to produce better regulations, use 
parties' time and resources more wisely, and reduce litigation, 
controversy, and uncertainty. The announcement described generally how 
an advisory committee would be established, participants selected, and 
requests for representation narrowed. It also set forth a list of 
possible interests and participants and sought comment on the tentative 
pool of representatives. Finally, the document set forth a tentative 
schedule, indicating NMFS' plans to hold meetings of the advisory 
committee at 2-week intervals starting in March 1996. This document 
supplements the February announcement, and is intended to provide an 
update. While NMFS had hoped to start, and finish, the negotiated 
rulemaking process before the 1996 fishery, this has not been possible.
    Following the announcement, NMFS contracted with two dispute 
resolution professionals, Philip J. Harter and Charles Pou of 
Washington, DC, for advice on establishment of the advisory committee 
and to facilitate and mediate the negotiations. The contractors have 
begun to contact representatives of groups that responded to NMFS's 
announcement and will be speaking to all of these persons in the near 
future. The initial contacts indicate that most fishermen are now 
concentrating on preparing for the summer tuna fishery and, hence, it 
would be more convenient to postpone any negotiations until near the 
end of the 1996 season. The contractors have therefore recommended that 
NMFS hold a public briefing on the negotiated rulemaking process in 
early fall 1996 and select advisory committee members and commence 
negotiations soon after the public briefing. NMFS agrees with, and will 
implement, these recommendations.
    The fall 1996 session will bring together representatives of as 
many affected interests as possible, as well as any others who want to 
attend, for a briefing on the negotiated rulemaking process; an 
opportunity for interested persons to offer views and discuss specific 
potential issues that should be addressed in such a process; and a 
chance to consider immediate steps for action that would permit 
resolution prior to commencement of next year's fishing season.
    NMFS will work with the contractors over the summer to clarify 
issues and develop an agenda for the fall briefing, and welcomes input 
on these matters from interested persons. In addition, the discussion 
at the fall session, and subsequent negotiations, will be improved 
substantially if parties collect relevant data and other useful 
information over the summer, to permit these talks to proceed on the 
basis of fact. For this reason, NMFS encourages all parties to use the 
summer to identify and collect information that substantiates or 
illuminates their claims and concerns.

    Authority: 16 U.S.C. 971 et seq.

    Dated: June 7, 1996.
Richard H. Schaefer,
Director, Office of Fisheries Conservation and Management, National 
Marine Fisheries Service.
[FR Doc. 96-15166 Filed 6-13-96; 8:45 am]
BILLING CODE 3510-22-F